Could a Louisiana mayor also work for the town's community center?

Plain-English summary

In 2005, the Louisiana Attorney General concluded that the mayor of Waterproof could not also be employed by the Waterproof Community Center. The opinion treated the center as a municipal entity, so both the elected office and the job were within the same political subdivision. The dual-officeholding statute barred that combination.

The opinion concerned employment by this municipal community center. It did not address a separately organized center or a contract for services rather than employment.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could Waterproof's mayor take a job at its community center? A: The AG said no. The center was a municipal entity, so the job and mayoral office were within the same town government.

What restriction applied?
A: R.S. 42:63(D), as quoted in the opinion, prohibited a local elected official from holding employment in the same political subdivision.

Did the opinion decide whether every community center is a municipal entity? A: No. It identified Waterproof's center as one and decided the mayor's employment question on that fact.

Background and statutory framework

James Paxton asked whether Waterproof's mayor could work at the town community center. The AG quoted R.S. 42:63(D)'s prohibition on employment “in the same political subdivision in which he holds an elective office.” It also quoted R.S. 42:62(9)'s political-subdivision definition. Because the community center was municipal, the AG found the employment prohibited.

Citations

• R.S. 42:63(D) and R.S. 42:62(9) (restriction and definition quoted in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0053

Original opinion text

April 11, 2005
OPINION 05-0053

Mr. James E. Paxton
78 Dual Officeholding
Post Office Box 97
R.S. 42:63(D), R.S. 42:61, et seq., R.S. 42:62(9)
St. Joseph, LA 71366
The mayor of a municipality may not also hold employment with the
municipality.
Dear Mr. Paxton:

You have asked this office to advise whether the mayor of the Town of Waterproof may be an employee of the Waterproof Community Center.

R.S. 42:63(D) of our state Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., governs our response. This statute prohibits an individual from holding employment in the same political subdivision in which he holds elective office and states, in pertinent part:

D. No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof.
No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office.
(Emphasis added).

R.S. 42:62(9) defines political subdivision as:

(9) “Political subdivision” means a parish, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part., mayor’s courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions.

The community center is a municipal entity. The language of the statute quoted above prohibits the mayor of the municipality from holding employment with the same municipality.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

OPINION 05-0053

78 Dual Officeholding

R.S. 42:63(D), R.S. 42:61, et seq., R.S. 42:62(9)

The mayor of a municipality may not also hold employment with the municipality.

Mr. James E. Paxton
Post Office Box 97
St. Joseph, LA 71366

Date Received:
Date Released: April 11, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL